Yibbum (, Hebrew: ייבום) is the form of levirate marriage found in

Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in t ...

. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the marriage, both are required to go through a ceremony known as ''

halizah ''Halizah'' (or ''chalitzah''; he, חליצה) is, under the biblical system of levirate marriage known as ''yibbum'', the process by which a childless widow and a brother of her deceased husband may avoid the duty to marry. The process invol ...

'', involving a symbolic act of renunciation of their right to perform this marriage. Jewish law (''

halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...

'') has seen a gradual decline of ''yibbum'' in favor of ''halizah'', to the point where in most contemporary Jewish communities, and in Israel by mandate of the

Chief Rabbinate Chief Rabbi ( he, רב ראשי ''Rav Rashi'') is a title given in several countries to the recognized religious leader of that country's Jewish community, or to a rabbinic leader appointed by the local secular authorities. Since 1911, through a ...

, ''yibbum'' is prohibited.

In the Hebrew Bible

The Torah prohibits sexual relations by a man with his brother's wife, but ''yibbum'' is an exception to this rule. The surviving brother is given a choice to take his responsibility as a

goel ''Goel'' (Hebrew: גואל, lit. "redeemer"), in the Hebrew Bible and the rabbinical tradition, is a person who, as the nearest relative of someone, is charged with the duty of restoring that person's rights and avenging wrongs done to him or h ...

by fulfilling the yibbum obligation, or to perform ''

'', though the latter choice is described by the verse disfavorably. The brother who agreed to marry his sister-in-law would be the sole benefactor of his brother's estate instead of splitting it with the family. The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name. ''Yibbum'' is permissible only when the dead brother had no children at all. Although the stated intent of the levirate law as expressed in Deuteronomy is to provide an heir so that the deceased brother's name "will not be obliterated from Israel" (), such laws effectively provided protection for widows as well. At the time the Torah was written, if a woman did not have a husband because of widowhood, she had no one to provide for her any longer and she would be disgraced, if not likely die of starvation. Children were also a means of continued provision, since they are commanded to care and show respect for the elderly as they move further along in years. A childless widow was without both means of provision. Although quite contrary to our modern day sensibilities, even becoming a second wife to a brother-in-law, as indicated in Deuteronomy 25:5-10, was better than living on the streets at the mercy of those around her. Under Torah, men had a responsibility to the women around them, which included life-sustaining provisions (i.e. food, shelter, and comfort). Those of honor were beholden to their responsibility to protect the defenseless. Yibbum had significant economic implications for the parties involved: the first child born to the brother's widow would be deemed the heir of the deceased brother, and able to claim the deceased brother's share of inheritance. If the deceased brother was the firstborn son, his inheritance was a double share. However, if the deceased brother were childless, the living brother would be entitled to inherit an increased share; or if he is the oldest surviving son he would be entitled to a double share of the increased share.Frymer-Kensky, Tikva. "Tamar: Bible", ''Jewish Women: A Comprehensive Historical Encyclopedia''. 20 March 2009. Jewish Women's Archive. (Viewed on August 6, 2014)
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Levirate-type marriages other than yibbum

A detailed account of a levirate-type marriage in the

Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' Judah and his daughter-in-law Tamar found in . The case is not strictly a case of ''yibbum'' as Judah was Tamar's father-in-law, and also the case pre-dates the biblical obligation. It may be a reflection of contemporaneous Middle East practices. Tamar's earlier marriage to

Onan Onan ''Aunan'' was a figure detailed in the Book of Genesis chapter 38, as the second son of Judah and Shuah, and the brother of Er and Shelah. After being commanded by Judah to procreate with the late Er's wife Tamar, he instead "spilled his s ...

, however, did conform with the specific circumstances describing the requirements of ''yibbum'' outlined in Deuteronomy, as Onan was the brother of Tamar's deceased husband Er. Another example of an analogous arrangement to ''yibbum'' is recounted in the Book of Ruth. After the death of her husband,

Ruth Ruth (or its variants) may refer to: Places France * Château de Ruthie, castle in the commune of Aussurucq in the Pyrénées-Atlantiques département of France Switzerland * Ruth, a hamlet in Cologny United States * Ruth, Alabama * Ruth, Ar ...

is noticed and welcomed by her husband's kinsman,

Boaz Boaz (; Hebrew: בֹּעַז ''Bōʿaz''; ) is a biblical figure appearing in the Book of Ruth in the Hebrew Bible and in the genealogies of Jesus in the New Testament and also the name of a pillar in the portico of the historic Temple in J ...

. After Ruth is rejected by an anonymous ''

Ploni Almoni This is a list of placeholder names (words that can refer to things, persons, places, numbers and other concepts whose names are temporarily forgotten, irrelevant, or unknown in the context in which they are being discussed) in various languages. ...

'', Boaz marries her. In this case as well, the kin in question would not have been subject to the biblical levirate marriage obligation, as neither Ploni Almoni nor Boaz were brothers of Ruth's late husband.

Laws of yibbum and halizah

Halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...

'' (Jewish law) has a rich tradition around ''yibbum''. These laws were first recorded in the

Mishna The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Torah ...

and

Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...

Yevamot Yevamot ( he, יבמות, "Brother's Widow", also pronounced Yevamos, or Yavmus) is a tractate of the Talmud that deals with, among other concepts, the laws of Yibbum (, loosely translated in English as levirate marriage), and, briefly, with conv ...

, and were later codified by

Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Tora ...

in the ''

Mishneh Torah The ''Mishneh Torah'' ( he, מִשְׁנֵה תּוֹרָה, , repetition of the Torah), also known as ''Sefer Yad ha-Hazaka'' ( he, ספר יד החזקה, , book of the strong hand, label=none), is a code of Rabbinic Jewish religious law ('' ...

''. The subject is considered one of the most intricate in Jewish law, partly because of the complication that arise from multiple brothers and multiple wives. ''Yibbum'' is an exception to the biblical prohibition for a man to have sexual relations with "his brother's wife" found for example in and . (See

Incest in the Bible Incest in the Bible refers to sexual relations between certain close kinship relationships which are prohibited by the Hebrew Bible. These prohibitions are found predominantly in and , but also in Deuteronomy. Jewish views on incest are based o ...

When yibbum applies

The obligation for yibbum is found at , which requires that when a married man dies without having any children, male or female, from any relationship (including pre-marital and extra-marital), his widow and his brother must perform either ''yibbum'' or ''

''. For the laws of ''yibbum'' only brothers that share a common father are considered brothers. In order for yibbum to apply, all of the following conditions must be met: # The brothers share a common father Talmud Yevamot 17b # The dead brother had no surviving children, male or female, from any relationship, at the time of his death # The brother performing yibbum was born before his brother's death # The brother performing yibbum is not forbidden, other than by her marriage to the dead brother, to marry ''any'' of his dead brother's widows (e.g. if any of them is his daughter, yibbum does not apply to him at all)(and in the Talmudic discussion of such a case the other wives are referred to as ''tzarat habat'', the "daughter's rival") # The brother performing yibbum is physically capable of fathering children # The widow is or was physically capable of bearing children Even if some of the brothers do not meet all the conditions to be eligible for yibbum, as long as there is one that does, yibbum applies to him. If there is no brother who meets all of the conditions, neither yibbum nor halitzah applies, except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment of

kares The Hebrew term ''kareth'' ("cutting off" he, כָּרֵת, ), or extirpation, is a form of punishment for sin, mentioned in the Hebrew Bible and later Jewish writings. Kareth in its simplistic meaning refers to an individual being expelled fr ...

(spiritual excision), in which case halitzah would apply.

Restrictions related to yibbum

It is forbidden for any of the widows to remarry until ''yibbum'' or ''halizah'' has been performed. If the deceased left multiple wives ''yibbum'' may only be performed with one of them, at which time the remaining wives are permitted to remarry. Likewise, if yibbum is not performed, ''halizah'' is only performed with one of the widows, after which all of them may remarry. If all surviving brothers are still children, the widow must wait until one reaches halachic adulthood, at which time he can perform yibbum or ''halizah''. Similarly, if the brother is missing, the woman is required to wait until he is located. This can lead to a situation similar to an '' agunah''.

How yibbum is performed

According to biblical law, there is no need for a marriage ceremony between the widow and the deceased's brother as they are already bound by divine decree, thus, they need only cohabit to perform yibbum. Nevertheless, the Sages decreed that the couple perform a marriage-like ceremony called ''maamar'', recite the marriage blessings (''

sheva brachot ''Sheva Brachot'' ( he, שבע ברכות) literally "the seven blessings" also known as ''birkot nissuin'' ( he, ברכות נישואין), "the wedding blessings" in ''Jewish law'' are blessings that are recited for a bride and her groom as par ...

'') and write a prenuptial agreement (''

ketubah A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...

''). Only one brother may perform yibbum. The oldest brother is given preference, but if he refuses, any brother can perform ''yibbum'', and if a brother performed yibbum out of turn, it is nevertheless valid.Talmud Yevamot 24a After one brother performs yibbum or halizah, none of the brothers may marry any of the other widows.

Other laws

Because there is a general prohibition on a man marrying his brother's wife, anytime that a ''yibbum'' is not required (for example the deceased had a child) it is forbidden. Likewise, anytime that there is a doubt whether ''yibbum'' is required, it is also forbidden and ''halizah'' is required. The Samaritans followed a slightly different course, which may indicate an earlier custom among the Hebrews; the former practiced the levirate only when the woman was betrothed and the marriage had not been consummated. The Karaites appear to have followed the same practice, and Benjamin Nahawendi, as well as

Elijah Bashyazi Elijah ben Moses Bashyazi of Adrianople or Elijah Bašyazi (in he, אליהו בן משה בן מנחם) (c. 1420 in Adrianople – 1490 in Adrianople) was a Karaite Judaism, Karaite Jewish hakham of the fifteenth century. After being instruct ...

, favored it.

History

The rabbis in the time of the ''

mishnah The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...

'' added formal marriage requirements such as a ''

'' (marriage contract), but over the centuries ''yibbum'' waned in favor. By Talmudic times the practice of levirate marriage was deemed secondary in preference to halizah by some of the rabbis, because of the brother's questionable intentions; indeed, to marry a brother's widow for her beauty was regarded by Abba Saul as equivalent to incest.

Bar Kappara Bar Kappara ( he, בר קפרא) was a rabbi of the late 2nd and early 3rd century CE, during the period between the ''tannaim'' and '' amoraim''. He was active in Caesarea in the Land of Israel, from around 180 to 220 CE. His name, meaning "So ...

also recommends halizah. A difference of opinion appears among the later authorities, with

Isaac Alfasi Isaac ben Jacob Alfasi ha-Cohen (1013–1103) ( ar, إسحاق الفاسي, he, ר' יצחק אלפסי) - also known as the Alfasi or by his Hebrew acronym Rif (Rabbi Isaac al-Fasi), was a Maghrebi Talmudist and posek (decider in matters of ...

, and the Spanish school generally upholding the custom, while

Rabbeinu Tam Jacob ben Meir (1100 – 9 June 1171 (4 Tammuz)), best known as Rabbeinu Tam ( he, רבינו תם), was one of the most renowned Ashkenazi Jewish rabbis and leading French Tosafists, a leading ''halakhic'' authority in his generation, and a gr ...

and the Northern school prefer ''halizah.'' A change of religion on the part of the surviving brother does not affect the obligation of the levirate, or its alternative, the halizah. Additionally, if the surviving brother is married, Ashkenazim, who follow the ''

takkanah A ''takkanah'' (plural ''takkanot'') is a major legislative enactment within ''halakha'' (Jewish law), the normative system of Judaism's laws. A ''takkanah'' is an enactment which revises an ordinance that no longer satisfies the requirements of t ...

'' of

Gershom ben Judah Gershom ben Judah, (c. 960 -1040) best known as Rabbeinu Gershom ( he, רבנו גרשום, "Our teacher Gershom") and also commonly known to scholars of Judaism by the title ''Rabbeinu Gershom Me'Or Hagolah'' ("Our teacher Gershom the light of the ...

abolishing

polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...

, would be compelled to perform halizah. Today Yibbum is a rare occurrence among Jewish communities. Orthodox Jews in modern times have generally upheld the position of Rabbeinu Tam and perform ''halizah'' rather than ''yibbum''.

Yemenite Jews Yemenite Jews or Yemeni Jews or Teimanim (from ''Yehudei Teman''; ar, اليهود اليمنيون) are those Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Is ...

, though orthodox, practiced ''yibbum'' until the ''en masse'' Aliyah of Jews to

Eretz Israel The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine (see also Isra ...

in the last century. Conservative Judaism formally retains it.

Reform Judaism Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its ethical aspects to its ceremonial ones, and belief in a continuous sear ...

and Reconstructionist Judaism have abolished it.

Social consequences

The rules may create social problems in some situations, especially for the widow. For example, among observant Jews, if the brother on whom the ''yibbum'' obligation falls is too young to marry, the widow would need to wait until the brother reaches marriage age or the age at which he may opt out of the marriage. The widow would not know if the brother would even opt out of the marriage. In either event the widow may be past her child-bearing age, and still be subject to the possible obligation to marry the brother. Also, there is no time limit on the indication of the brother's intention as to whether he will proceed with the marriage or opt out, and the brother may already be married.

In popular culture

''Yibbum'' forms the plot of the Hallmark movie '' Loving Leah''.

References

External links

Levirate Marriage and Halizah
{{Types of marriages, state=autocollapse Jewish marital law Positive Mitzvoth Widow inheritance